N.T.Johny vs State Of Kerala
2021 Latest Caselaw 13912 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
         TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                          WP(C) NO. 5275 OF 2021
PETITIONER/S:

            N.T.JOHNY
            AGED 60 YEARS
            NEREVEETTIL HOUSE, TRIKKAKARA P.O, ERNAKULAM, KOCHI-682
            021.

            BY ADVS.
            GEORGE CHERIAN (SR.)
            SMT.K.S.SANTHI
            SMT.LATHA SUSAN CHERIAN
            SRI.GEORGE A.CHERIAN



RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
            SECRETARIAT, TRIVANDRUM-695 001

     2      THE ASSISTANT COMMISSIONER OF POLICE,
            TRIKKAKARA, ERNAKULAM, KOCHI-682 021.

     3      THE STATION HOUSE OFFICER,
            TRIKKAKARA POLICE STATION, TRIKKAKARA, ERNAKULAM, KOCHI-
            682 021.

            BY ADV GOVERNMENT PLEADER


OTHER PRESENT:

            SRI.C.S.HRITHWIK-SR PP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5275 OF 2021
                                       2




                               JUDGMENT

Dated this the 6th day of July 2021

The petitioner is the de facto complainant in Crime

No.780/2020 of Thrikkakara Police Station on the basis of

which Ext.P1 F.I.R. is registered for offences punishable

under Sections 447, 427 and 506 read with Section 34 of the

I.P.C. against the accused therein.

2. The petitioner submits that a proper and speedy

investigation has not been conducted by the investigating

officer, and therefore, approaches this Court with this

Writ Petition seeking a writ of mandamus directing

respondents 1 and 2 to conduct a proper and impartial

investigation and to file the final report without any

delay.

3. Heard the learned Counsel for the petitioner and the

learned Government Prosecutor.

4. The learned Government Prosecutor has also filed a

report of the investigating officer. It is submitted that WP(C) NO. 5275 OF 2021

the vehicles, which were involved in the alleged act of

trespass and mischief have already been seized by the

police and the investigation is likely to complete within a

period of four months from today.

5. Considering the above submission made and the steps

taken by the investigating officer, the Writ Petition is

disposed of with a direction to respondents 1 and 2 to

expedite and complete the investigation and file the final

report before the jurisdictional court at the earliest, at

any rate, within a period of three months from today.

Sd/-

ASHOK MENON JUDGE dkr WP(C) NO. 5275 OF 2021

APPENDIX OF WP(C) 5275/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE FIR NO. 780.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 26.12.2020 FILED BY THE PETITIONER TO THE RESPONDENTS.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 27.12.2020 FILED BY THE PETITIONER'S DAUGHTER CATHERINE.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 27.12.2020 FILED BYTHE PETITIONER'S WIFE GIJI PETER.

EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT AND INJUNCTION PETITION IN O.S. NO. 30/21 OF MUNSIFF COURT,ERNAKULAM DTD. 6.1.2020.

EXHIBIT P6               NIL

EXHIBIT P6 A             TRUE COPY OF THE PHOTOGRAPH TAKEN FROM THE
                         SIDEOF PETITIONER'S HOUSE.

EXHIBIT P6 B             TRUE COPY OF THE PHOTOGRAPHS TAKEN FROM THE
                         SIDE OF N.T. JOY'S HOUSE.

EXHIBIT P7               TRUE COPY OF THE PHOTOGRAPH SHOWING THE

DEMOLITION OF BOUNDARY WALL USING HITACHI MACHINE.

EXHIBIT P8 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PROPERTY OF N.T.JOY AFTER DEMOLITION.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 12.2.2020 TO THE ASSISTANT COMMISSIONER OF POLICE.